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How an Expert Witness Can Help in a Data Security Breach Case

Data security is crucial in both keeping information safe and running a business that relies upon online and networked transactions. As more companies are progressing forward through the future in the electronic age, data security and information systems become the most important aspects of a business.

Without a database of client lists and details, many organizations are unable to market to individuals specifically or ensure the right data is used for the correct person. With the ease of using a computer for daily transactions, many individuals are finding manual inputting difficult and time consuming. However, in the event of a breach, the company must know how to deal with the problem.

A data security breach may be observed as numerous different problems depending on how the company has security setup, how much experience the IT department is and who is running the data security systems. If a hacker invades the system and steals information, this would be a data security breach that may not be foreseen, as most hacks cannot be stopped if the person is determined. However, with enough security, protocols, hardware and software, it is possible to keep
the amateur hackers out of the systems and slow down the experts. Some security may even be to keep data secured outside of networked and online systems. However, if a breach occurs and it goes to court, it is important to hire an expert witness to assist with the case.

Three Branches of Criminal Justice

There are three areas where data security is most important. These include law enforcement departments, the courts themselves and the corrections systems where criminals are housed. All of these areas house computer systems and online access for various reasons. This means that any confidential data stored for the criminal justice on-goings is crucial to remain secret from the outside world. If a hack occurs in one of these three major areas, it is possible disaster could strike. Law enforcement information may contain the records of both officers and persons charged with crimes. This could be used for nefarious purposes. In the courts, anything that has been recorded with a judgment or that has been considered in a hearing may be copied or stolen. The corrections locations usually contain the security officers and criminal perpetrators’ records.

The types of crimes that may occur with these three areas is enough to beef up security on computer systems so that they may be prevented. However, if a breach does occur, an expert witness’ services may be needed to understand what occurred and how to resolve the issue. The breach may not even be noticed until someone checks the computers. Then, the damage must be determined. A professional with a computer forensics background may be able to track what occurred in the system, assess the damage and repair or recover what was harmed in the process. With enough effort, the perpetrator may be discovered.

Evidence in a Breach

When the perpetrator was at the crime scene, he or she may have left physical evidence behind. However, most evidence found with a data breach is intangible such as theft of intellectual property, confidential documents and similar items. If the action occurred when someone was on the computer, he or she may have witnessed the act as it occurred. These persons may be used during a court case to testify. This could be used against the person that committed the crime if he or she is apprehended. With the expert witness assistance, evidence is analyzed and everyone involved is interviewed.

The Expert Witness in a Court Room for Data Breaches

The special knowledge that an expert witness has may be used in a data breach for remedies, finding the culprit and to understand how to prevent the issue from occurring again. Certain types of software are malicious by design, and the professional that has knowledge of these could remove it from the network. If it was designed to distract the employees from what is happening behind the scene, additional analysis may be necessary. With an expert witness attached to the case, he or she may draw conclusions and make opinions about what transpired as well as finalize a report with his or her understanding of the incident. However, to be hired for these cases, the expert must have a background in computers, networking or security so he or she is qualified to handle the details and information in constructing the crime and detailing what he or she believes occurred to the judge or jury.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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